Ann O'Brien Comments on DOJ Push to Prosecute No-Poach Cases

News / May 11, 2021

Partner Ann O’Brien commented for an article published on May 11, 2021, by Mlex. The article “Comment: Criminal No-Poach Cases Emerge, but Key Court Battles Remain for US DOJ’s New Antitrust Target” reports on how the U.S. Department of Justice is making good on its promise to file criminal charges against companies that agree not to hire each other’s employees, although key court battles remain.

O’Brien, who formerly served as acting director of criminal enforcement at the antitrust division, told Mlex she questions whether the criminal no-poach cases are an efficient use of agency resources. She noted that an early adverse ruling against the DOJ in a criminal no-poach case could place a significant burden on the agency’s other criminal no-poach cases.

Read the article (registration required).